Fitzsimmons v. Joslin
Supreme Court of Vermont
Trover, to recover the value of goods sold by the plaintiff to one Jonathan S. Preston on the first day of July, 1844. Plea, the general issue, and trial by the jury, December Term, 1845, — BÉísnett, J., presiding. / On the trial the plaintiff introduced Preston as a witness, whose testimony tended to prove, that in June, 1844, while he was residing and doing business as a trader at Vergennes, he went south, for the purpose of purchasing goods; that while he was at Troy, on…
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Trover, to recover the value of goods sold by the plaintiff to one Jonathan S. Preston on the first day of July, 1844. Plea, the general issue, and trial by the jury, December Term, 1845, — BÉísnett, J., presiding. / On the trial the plaintiff introduced Preston as a witness, whose testimony tended to prove, that in June, 1844, while he was residing and doing business as a trader at Vergennes, he went south, for the purpose of purchasing goods; that while he was at Troy, on his way to New York, he called upon Wooster & Russell and Bates & Sage, who had been merchants there, and to each of…
1Opinion of the Court
The opinion of the court was delivered by
Redfieud, J.
The general importance of this case to the commercial portion of the community will perhaps justify a more extended statement of the facts involved in it, than would otherwise be required.
The plaintiff is a merchant in the city of Troy, and sold the goods in controversy to one Jonathan S. Preston, of the city o'f Vergennes, upon whose debts the defendant, a sheriff’s deputy, claims to hold them by virtue of attachments in favor of Wooster & Russell and Bates & Sage, two mercantile firms lately doing business in Troy. In the month of June,…
2Cases cited1 opinion
- Clark v. FosterSupreme Court of Vermont · 1836
3Cited by27 opinions
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
- Baldwin v. StateSupreme Court of Vermont · 1965
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